Senate Bill sb2582

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    Florida Senate - 2004                                  SB 2582

    By Senator Atwater





    25-1661-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to pollution control; amending

  3         s. 403.121, F.S.; revising judicial and

  4         administrative remedies for violations of ch.

  5         403, F.S.; requiring the Department of

  6         Environmental Protection to impose

  7         administrative penalties for certain additional

  8         practices, failures to comply with certain

  9         requirements, or violations; providing

10         limitations and exceptions; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 403.121, Florida Statutes, is

16  amended to read:

17         403.121  Enforcement; procedure; remedies.--The

18  department shall have the following judicial and

19  administrative remedies available to it for violations of this

20  chapter, as specified in s. 403.161(1).

21         (1)  Judicial remedies:

22         (a)  The department may institute a civil action in a

23  court of competent jurisdiction to establish liability and to

24  recover damages for any injury to the air, waters, or

25  property, including animal, plant, and aquatic life, of the

26  state caused by any violation.

27         (b)  The department may institute a civil action in a

28  court of competent jurisdiction to impose and to recover a

29  civil penalty for each violation in an amount of not more than

30  $10,000 per offense. However, the court may receive evidence

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  in mitigation. Each day during any portion of which such

 2  violation occurs constitutes a separate offense.

 3         (c)  Except as provided in paragraph (2)(c), it shall

 4  not be a defense to, or ground for dismissal of, these

 5  judicial remedies for damages and civil penalties that the

 6  department has failed to exhaust its administrative remedies,

 7  has failed to serve a notice of violation, or has failed to

 8  hold an administrative hearing prior to the institution of a

 9  civil action.

10         (2)  Administrative remedies:

11         (a)  The department may institute an administrative

12  proceeding to establish liability and to recover damages for

13  any injury to the air, waters, or property, including animal,

14  plant, or aquatic life, of the state caused by any violation.

15  The department may order that the violator pay a specified sum

16  as damages to the state. Judgment for the amount of damages

17  determined by the department may be entered in any court

18  having jurisdiction thereof and may be enforced as any other

19  judgment.

20         (b)  If the department has reason to believe a

21  violation has occurred, it may institute an administrative

22  proceeding to order the prevention, abatement, or control of

23  the conditions creating the violation or other appropriate

24  corrective action. Except for violations involving hazardous

25  wastes, asbestos, air-operation permits, s. 403.08725 or rules

26  adopted thereunder, or underground injection, the department

27  shall proceed administratively in all cases in which the

28  department seeks administrative penalties that do not exceed

29  $10,000 per assessment as calculated in accordance with

30  subsections (3), (4), (5), (6), and (7). Pursuant to 42 U.S.C.

31  s. 300g-2, the administrative penalty assessed pursuant to

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  subsection (3), subsection (4), or subsection (5) against a

 2  public water system serving a population of more than 10,000

 3  shall not be less than $1,000 per day per violation. The

 4  department shall not impose administrative penalties in excess

 5  of $10,000 in a notice of violation. The department shall not

 6  have more than one notice of violation seeking administrative

 7  penalties pending against the same party at the same time

 8  unless the violations occurred at a different site or the

 9  violations were discovered by the department subsequent to the

10  filing of a previous notice of violation.

11         (c)  An administrative proceeding shall be instituted

12  by the department's serving of a written notice of violation

13  upon the alleged violator by certified mail. If the department

14  is unable to effect service by certified mail, the notice of

15  violation may be hand delivered or personally served in

16  accordance with chapter 48. The notice shall specify the

17  provision of the law, rule, regulation, permit, certification,

18  or order of the department alleged to be violated and the

19  facts alleged to constitute a violation thereof. An order for

20  corrective action, penalty assessment, or damages may be

21  included with the notice. When the department is seeking to

22  impose an administrative penalty for any violation by issuing

23  a notice of violation, any corrective action needed to correct

24  the violation or damages caused by the violation must be

25  pursued in the notice of violation or they are waived.

26  However, no order shall become effective until after service

27  and an administrative hearing, if requested within 20 days

28  after service. Failure to request an administrative hearing

29  within this time period shall constitute a waiver thereof,

30  unless the respondent files a written notice with the

31  department within this time period opting out of the

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  administrative process initiated by the department to impose

 2  administrative penalties. Any respondent choosing to opt out

 3  of the administrative process initiated by the department in

 4  an action that seeks the imposition of administrative

 5  penalties must file a written notice with the department

 6  within 20 days after service of the notice of violation opting

 7  out of the administrative process. A respondent's decision to

 8  opt out of the administrative process does not preclude the

 9  department from initiating a state court action seeking

10  injunctive relief, damages, and the judicial imposition of

11  civil penalties.

12         (d)  If a person timely files a petition challenging a

13  notice of violation, that person will thereafter be referred

14  to as the respondent. The hearing requested by the respondent

15  shall be held within 180 days after the department has

16  referred the initial petition to the Division of

17  Administrative Hearings unless the parties agree to a later

18  date. The department has the burden of proving with the

19  preponderance of the evidence that the respondent is

20  responsible for the violation. No administrative penalties

21  should be imposed unless the department satisfies that burden.

22  Following the close of the hearing, the administrative law

23  judge shall issue a final order on all matters, including the

24  imposition of an administrative penalty. When the department

25  seeks to enforce that portion of a final order imposing

26  administrative penalties pursuant to s. 120.69, the respondent

27  shall not assert as a defense the inappropriateness of the

28  administrative remedy. The department retains its final-order

29  authority in all administrative actions that do not request

30  the imposition of administrative penalties.

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1         (e)  After filing a petition requesting a formal

 2  hearing in response to a notice of violation in which the

 3  department imposes an administrative penalty, a respondent may

 4  request that a private mediator be appointed to mediate the

 5  dispute by contacting the Florida Conflict Resolution

 6  Consortium within 10 days after receipt of the initial order

 7  from the administrative law judge. The Florida Conflict

 8  Resolution Consortium shall pay all of the costs of the

 9  mediator and for up to 8 hours of the mediator's time per case

10  at $150 per hour. Upon notice from the respondent, the Florida

11  Conflict Resolution Consortium shall provide to the respondent

12  a panel of possible mediators from the area in which the

13  hearing on the petition would be heard. The respondent shall

14  select the mediator and notify the Florida Conflict Resolution

15  Consortium of the selection within 15 days of receipt of the

16  proposed panel of mediators. The Florida Conflict Resolution

17  Consortium shall provide all of the administrative support for

18  the mediation process. The mediation must be completed at

19  least 15 days before the final hearing date set by the

20  administrative law judge.

21         (f)  In any administrative proceeding brought by the

22  department, the prevailing party shall recover all costs as

23  provided in ss. 57.041 and 57.071. The costs must be included

24  in the final order. The respondent is the prevailing party

25  when an order is entered awarding no penalties to the

26  department and such order has not been reversed on appeal or

27  the time for seeking judicial review has expired. The

28  respondent shall be entitled to an award of attorney's fees if

29  the administrative law judge determines that the notice of

30  violation issued by the department seeking the imposition of

31  administrative penalties was not substantially justified as

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  defined in s. 57.111(3)(e). No award of attorney's fees as

 2  provided by this subsection shall exceed $15,000.

 3         (g)  Nothing herein shall be construed as preventing

 4  any other legal or administrative action in accordance with

 5  law. Nothing in this subsection shall limit the department's

 6  authority provided in ss. 403.121, 403.131, and 403.141, to

 7  judicially pursue injunctive relief. When the department

 8  exercises its authority to judicially pursue injunctive

 9  relief, penalties in any amount up to the statutory maximum

10  sought by the department must be pursued as part of the state

11  court action and not by initiating a separate administrative

12  proceeding. The department retains the authority to judicially

13  pursue penalties in excess of $10,000 for violations not

14  specifically included in the administrative penalty schedule,

15  or for multiple or multiday violations alleged to exceed a

16  total of $10,000. The department also retains the authority

17  provided in ss. 403.121, 403.131, and 403.141, to judicially

18  pursue injunctive relief and damages, if a notice of violation

19  seeking the imposition of administrative penalties has not

20  been issued. The department has the authority to enter into a

21  settlement, either before or after initiating a notice of

22  violation, and the settlement may include a penalty amount

23  different from the administrative penalty schedule. Any case

24  filed in state court because it is alleged to exceed a total

25  of $10,000 in penalties may be settled in the court action for

26  less than $10,000.

27         (h)  Chapter 120 shall apply to any administrative

28  action taken by the department or any delegated program

29  pursuing administrative penalties in accordance with this

30  section.

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1         (3)  Except for violations involving hazardous wastes,

 2  asbestos, air-operation permits, s. 403.08725 or rules adopted

 3  thereunder, or underground injection, administrative penalties

 4  must be calculated according to the following schedule:

 5         (a)  For a drinking water contamination violation, the

 6  department shall assess a penalty of $2,000 for a Maximum

 7  Containment Level (MCL) violation; plus $1,000 if the

 8  violation is for a primary inorganic, organic, or radiological

 9  Maximum Contaminant Level or it is a fecal coliform bacteria

10  violation; plus $1,000 if the violation occurs at a community

11  water system; and plus $1,000 if any Maximum Contaminant Level

12  is exceeded by more than 100 percent. For failure to obtain a

13  clearance letter prior to placing a drinking water system into

14  service when the system would not have been eligible for

15  clearance, the department shall assess a penalty of $3,000.

16  For failure to conduct required monitoring for each

17  contaminant group, or for failure to maintain chlorine

18  residual, the department shall assess a penalty of $2,000. For

19  failure to obtain a clearance letter prior to placing a

20  drinking water system into service when the system would have

21  been eligible for clearance, the department shall assess a

22  penalty of $1,000. For failure to timely submit a consumer

23  confidence report to the department, the department shall

24  assess a penalty of $1,000.

25         (b)  For failure to obtain a required wastewater permit

26  or, other than a permit to construct a domestic wastewater

27  collection and transmission system, for placing a domestic

28  wastewater collection and transmission system into service

29  prior to submitting proper notification to the department, or

30  for failure to obtain a wastewater permit revision required to

31  construct or modify a wastewater facility required for surface

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  water discharge, the department shall assess a penalty of

 2  $1,000. For failure to obtain a required wastewater permit or

 3  a permit for surface water discharge, the department shall

 4  assess a penalty of $2,000. For exceedance of an effluent,

 5  groundwater, or other limit established by a wastewater permit

 6  or order for a discharge or activity, unless otherwise

 7  stipulated by the order, the department shall assess a penalty

 8  of $2,000 for direct discharges or effluent-limitation

 9  exceedances that resulted in a violation of the quality of

10  groundwater or surface water of the state and the Public

11  Access Reuse Systems, and a penalty of $1,000 for indirect

12  discharge into waters of the state and for any other land

13  application or disposal. For an unpermitted or unauthorized

14  wastewater discharge into waters of the state, the department

15  shall assess a penalty of $2,000. For an unpermitted or

16  unauthorized wastewater discharge that does not meet

17  applicable groundwater or surface water quality criteria, the

18  department shall assess a penalty of $5,000. For a domestic or

19  industrial wastewater violation not involving a surface water

20  or groundwater quality violation, the department shall assess

21  a penalty of $2,000 for an unpermitted or unauthorized

22  discharge or effluent-limitation exceedance. For an

23  unpermitted or unauthorized discharge or effluent-limitation

24  exceedance that resulted in a surface water or groundwater

25  quality violation, the department shall assess a penalty of

26  $5,000.

27         (c)  For a dredge and fill or stormwater violation, the

28  department shall assess a penalty of $1,000 for unpermitted or

29  unauthorized dredging or filling or unauthorized construction

30  of a stormwater management system against the person or

31  persons responsible for the illegal dredging or filling, or

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  unauthorized construction of a stormwater management system

 2  plus $2,000 if the dredging or filling occurs in an aquatic

 3  preserve, Outstanding Florida Water, conservation easement, or

 4  Class I or Class II surface water, plus $1,000 if the area

 5  dredged or filled is greater than one-quarter acre but less

 6  than or equal to one-half acre, and plus $1,000 if the area

 7  dredged or filled is greater than one-half acre but less than

 8  or equal to one acre. The administrative penalty schedule

 9  shall not apply to a dredge and fill violation if the area

10  dredged or filled exceeds one acre. The department retains the

11  authority to seek the judicial imposition of civil penalties

12  for all dredge and fill violations involving more than one

13  acre. The department shall assess a penalty of $3,000 for the

14  failure to complete required mitigation, failure to record a

15  required conservation easement, or for a water quality

16  violation resulting from dredging or filling activities,

17  stormwater construction activities or failure of a stormwater

18  treatment facility. For stormwater management systems serving

19  less than 5 acres, the department shall assess a penalty of

20  $2,000 for the failure to properly or timely construct a

21  stormwater management system. In addition to the penalties

22  authorized in this subsection, the department shall assess a

23  penalty of $5,000 per violation against the contractor or

24  agent of the owner or tenant that conducts unpermitted or

25  unauthorized dredging or filling. For purposes of this

26  paragraph, the preparation or signing of a permit application

27  by a person currently licensed under chapter 471 to practice

28  as a professional engineer shall not make that person an agent

29  of the owner or tenant.

30         (d)  For mangrove trimming or alteration violations,

31  the department shall assess a penalty of $5,000 per violation

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  against the contractor or agent of the owner or tenant that

 2  conducts mangrove trimming or alteration without a permit as

 3  required by s. 403.9328. For purposes of this paragraph, the

 4  preparation or signing of a permit application by a person

 5  currently licensed under chapter 471 to practice as a

 6  professional engineer shall not make that person an agent of

 7  the owner or tenant.

 8         (e)  For solid waste violations, the department shall

 9  assess a penalty of $2,000 for the unpermitted or unauthorized

10  disposal or storage of solid waste; plus $1,000 if the solid

11  waste is Class I or Class III (excluding yard trash) or if the

12  solid waste is construction and demolition debris in excess of

13  20 cubic yards, plus $1,000 if the waste is disposed of or

14  stored in any natural or artificial body of water or within

15  500 feet of a potable water well, plus $1,000 if the waste

16  contains PCB at a concentration of 50 parts per million or

17  greater; untreated biomedical waste; friable asbestos greater

18  than 1 cubic meter which is not wetted, bagged, and covered;

19  used oil greater than 25 gallons; or 10 or more lead acid

20  batteries. The department shall assess a penalty of $3,000 for

21  failure to properly maintain leachate control; unauthorized

22  burning; failure to have a trained spotter on duty at the

23  working face when accepting waste; failure to provide access

24  control for three consecutive inspections. The department

25  shall assess a penalty of $2,000 for failure to construct or

26  maintain a required stormwater management system.

27         (f)  For an air emission violation other than a

28  violation involving an air-operation permit or s. 403.08725 or

29  rules adopted thereunder, the department shall assess a

30  penalty of $1,000 for an unpermitted or unauthorized air

31  emission or an air-emission-permit exceedance of an allowable

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  emission, other than a visible emission violation, plus $1,000

 2  if the emission results in an air quality violation, plus

 3  $3,000 if the emission was from a major source and the source

 4  was major for the pollutant in violation; plus $1,000 if the

 5  emission was more than 150 percent of the allowable level. For

 6  a visible emission violation, the department shall assess a

 7  penalty of $500. For failure to timely apply for a renewal of

 8  a permit, the department shall assess a penalty of $1,000. For

 9  failure to submit an annual statement of compliance or failure

10  to identify a violation in such statement, the department

11  shall assess a penalty of $1,000. For a violation of a

12  physical or operational limit on capacity of an emission unit

13  or facility to emit a pollutant, the department shall assess a

14  penalty of $4,000.

15         (g)  For storage tank system and petroleum

16  contamination violations, the department shall assess a

17  penalty of $5,000 for failure to empty a damaged storage

18  system as necessary to ensure that a release does not occur

19  until repairs to the storage system are completed; when a

20  release has occurred from that storage tank system; for

21  failure to timely recover free product; or for failure to

22  conduct remediation or monitoring activities until a

23  no-further-action or site-rehabilitation completion order has

24  been issued. The department shall assess a penalty of $3,000

25  for failure to timely upgrade a storage tank system. The

26  department shall assess a penalty of $2,000 for failure to

27  conduct or maintain required release detection; failure to

28  timely investigate a suspected release from a storage system;

29  depositing motor fuel into an unregistered storage tank

30  system; failure to timely assess or remediate petroleum

31  contamination; or failure to properly install a storage tank

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  system. The department shall assess a penalty of $1,000 for

 2  failure to properly operate, maintain, or close a storage tank

 3  system.

 4         (h)  For an aquatic plant management violation, the

 5  department shall assess a penalty of $5,000 against a

 6  contractor or agent of the riparian owner or tenant that

 7  conducts unpermitted or unauthorized aquatic plant management

 8  activities. The department shall assess a penalty of $3,000

 9  for unpermitted or unauthorized possession of a prohibited

10  aquatic plant. The department shall assess a penalty of $2,000

11  for the unpermitted or unauthorized collection of aquatic

12  plants. The department shall assess a penalty of $1,000 for

13  failure to timely complete revegetation required as a

14  condition of a permit. The department shall assess a penalty

15  of $1,000 for unpermitted or unauthorized aquatic plant

16  management activities; plus $1,000 if the violation occurs in

17  an aquatic preserve or an Outstanding Florida Water; plus

18  $1,000 if the area where aquatic plants are damaged or

19  destroyed, in excess of any permitted area or authorized

20  exemptions, is greater than one-quarter but less than one-half

21  acre; and plus $1,000 if the area where aquatic plants are

22  damaged or destroyed, in excess of any permitted area or

23  authorized exemptions, is greater than one-half acre but less

24  than or equal to one acre. The administrative penalty schedule

25  shall not apply to an aquatic plant management violation if

26  the area where aquatic plants are damaged or destroyed, in

27  excess of any permitted area or authorized exemptions, exceeds

28  one acre. The department retains the authority to seek

29  judicial imposition of civil penalties for all aquatic plant

30  management violations if the area where aquatic plants are

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  damaged or destroyed, in excess of any permitted area or

 2  authorized exemptions, exceeds one acre.

 3         (i)  For waste cleanup violations, the department shall

 4  assess a penalty of $500 per day for failure to timely submit

 5  any plans, reports, or other information required by a

 6  department consent order or final order.

 7         (j)  For a National Pollutant Discharge and Elimination

 8  System (NPDES) stormwater violation, the department shall

 9  assess a penalty of $4,000 for failure to obtain a required

10  NPDES Stormwater Municipal Separate Storm Sewer System permit.

11  The department shall assess a penalty of $3,000 for failure to

12  obtain a required NPDES Stormwater Multi-Sector Generic Permit

13  or a required NPDES Stormwater Generic Permit for large

14  construction activity, as defined in rule 62-621.300(4)(a),

15  Florida Administrative Code. The department shall assess a

16  penalty of $2,000 for large construction activities or

17  industrial facilities that discharge stormwater into an

18  aquatic preserve, an Outstanding Florida Water, or a Class II

19  surface water or that discharge a listed pollutant into a

20  verified state impaired water body. The department shall

21  assess a penalty of $1,500 for failure to obtain a required

22  NPDES Stormwater Generic Permit for a small construction

23  activity, as defined in rule 62-621.300(4)(a), Florida

24  Administrative Code. The department shall assess a penalty of

25  $1,000 for any NPDES stormwater regulated site that does not

26  have a complete and accurate Stormwater Pollution Prevention

27  Plan and has not conducted required weekly or permit-specified

28  rainfall event inspections or for small construction

29  activities that discharge stormwater into an aquatic preserve,

30  an Outstanding Florida Water, or a Class II surface water or

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  that discharge a listed pollutant to a verified state impaired

 2  water body.

 3         (4)  In an administrative proceeding, in addition to

 4  the program-specific penalties that may be assessed under

 5  subsection (3), the department shall assess administrative

 6  penalties according to the following schedule for those

 7  violations not otherwise addressed in subsections (2) and (3):

 8         (a)  For failure to satisfy financial responsibility

 9  requirements or for violation of s. 377.371(1), $5,000.

10         (b)  For failure to install, maintain, or use a

11  required pollution control system or device, $4,000.

12         (c)  For failure to obtain a required permit before

13  construction or modification, $3,000.

14         (d)  For failure to conduct required monitoring or

15  testing; failure to conduct required release detection; or

16  failure to construct in compliance with a permit, $2,000.

17         (e)  For failure to maintain required staff to respond

18  to emergencies; failure to conduct required training; failure

19  to prepare, maintain, or update required contingency plans;

20  failure to adequately respond to emergencies to bring an

21  emergency situation under control; or failure to submit

22  required notification to the department, $1,000.

23         (f)  Except as provided in subsection (2) with respect

24  to public water systems serving a population of more than

25  10,000, for failure to prepare, submit, maintain, or use

26  required reports or other required documentation, $500.

27         (5)  Except as provided in subsection (2) with respect

28  to public water systems serving a population of more than

29  10,000, for failure to comply with any other departmental

30  regulatory statute or rule requirement not otherwise

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  identified in this section, the department may assess a

 2  penalty of $500.

 3         (6)  For each additional day during which a violation

 4  occurs, the administrative penalties in subsection (3),

 5  subsection (4), and subsection (5) may be assessed per day per

 6  violation.

 7         (7)  The history of noncompliance of the violator for

 8  any previous violation resulting in an executed consent order,

 9  but not including a consent order entered into without a

10  finding of violation, or resulting in a final order or

11  judgment after the effective date of this law involving the

12  imposition of $2,000 or more in penalties shall be taken into

13  consideration in the following manner:

14         (a)  One previous such violation within 5 years prior

15  to the filing of the notice of violation will result in a

16  25-percent per day increase in the scheduled administrative

17  penalty.

18         (b)  Two previous such violations within 5 years prior

19  to the filing of the notice of violation will result in a

20  50-percent per day increase in the scheduled administrative

21  penalty.

22         (c)  Three or more previous such violations within 5

23  years prior to the filing of the notice of violation will

24  result in a 100-percent per day increase in the scheduled

25  administrative penalty.

26         (8)  The direct economic benefit gained by the violator

27  from the violation, where consideration of economic benefit is

28  provided by Florida law or required by federal law as part of

29  a federally delegated or approved program, shall be added to

30  the scheduled administrative penalty. The total administrative

31  

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1  penalty, including any economic benefit added to the scheduled

 2  administrative penalty, shall not exceed $10,000.

 3         (9)  The administrative penalties assessed for any

 4  particular violation shall not exceed $5,000 against any one

 5  violator, unless the violator has a history of noncompliance,

 6  the economic benefit of the violation as described in

 7  subsection (8) exceeds $5,000, or there are multiday

 8  violations. The total administrative penalties shall not

 9  exceed $10,000 per assessment for all violations attributable

10  to a specific person in the notice of violation.

11         (10)  The administrative law judge may receive evidence

12  in mitigation. The penalties identified in subsection (3),

13  subsection (4), and subsection (5) may be reduced up to 50

14  percent by the administrative law judge for mitigating

15  circumstances, including good faith efforts to comply prior to

16  or after discovery of the violations by the department. Upon

17  an affirmative finding that the violation was caused by

18  circumstances beyond the reasonable control of the respondent

19  and could not have been prevented by respondent's due

20  diligence, the administrative law judge may further reduce the

21  penalty.

22         (11)  Penalties collected pursuant to this section

23  shall be deposited in the Ecosystem Management and Restoration

24  Trust Fund or other trust fund designated by statute and shall

25  be used to fund the restoration of ecosystems, or polluted

26  areas of the state, as defined by the department, to their

27  condition before pollution occurred. The Florida Conflict

28  Resolution Consortium may use a portion of the fund to

29  administer the mediation process provided in paragraph (2)(e)

30  and to contract with private mediators for administrative

31  penalty cases.

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    Florida Senate - 2004                                  SB 2582
    25-1661-04                                              See HB




 1         (12)  The purpose of the administrative penalty

 2  schedule and process is to provide a more predictable and

 3  efficient manner for individuals and businesses to resolve

 4  relatively minor environmental disputes. Subsection (3),

 5  subsection (4), subsection (5), subsection (6), or subsection

 6  (7) shall not be construed as limiting a state court in the

 7  assessment of damages. The administrative penalty schedule

 8  does not apply to the judicial imposition of civil penalties

 9  in state court as provided in this section.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12  

13  

14  

15  

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17  

18  

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CODING: Words stricken are deletions; words underlined are additions.